Everyone knows that a prosecutor is an appointed or selected member of the practicing bar who is responsible for bringing the state’s case against the accused. But do you really know the specific duties of a prosecutor? The prosecutor is one of the two adversaries who face each other every day in the criminal trial process (360). Depending on the level of the government and the jurisdiction in which the prosecutor functions, he or she may be known as a district attorney, a county attorney, a state’s attorney, or a U.S. attorney. Whatever the title the prosecutor is ordinarily an member of the practicing bar.
The prosecutor is the chief law enforcement officer of a particular jurisdiction. His or her participation spans the entire gamut of the justice system, from the time that search and arrest warrants are issued or a grand jury is impaneled to the final sentencing decision and appeal. General duties of the
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The defense attorney is the counterpart of the prosecuting attorney in the criminal process. The accused has a constitutional right to counsel. If the defendant cannot afford an attorney, the state must provide one (374). The defense attorney, like the prosecutor, is an officer of the court. As an attorney, the defense attorney is obligated to uphold the integrity of the legal profession and to observe the requirements of the Model Rules of Professional Conduct in the defense of a client (375). The duties of the lawyer to the adversary system of the justice. The defense attorney performs man functions while representing the accused in the criminal process. Because of the way the U.S. system of justice operates, criminal defense what is essentially an adversary process (375). The prosecution and the defense engage in conflict over the facts of the case, with the prosecutor arguing the case for the state and the defense attorney using all the means at her disposal to aid the